White v R.

White v R.

The original counts were defective in law and did not disclose offences known to law. However, the facts admitted by the appellant's guilty pleas were sufficient to substitute convictions for obtaining a money transfer by deception under s. 15A Theft Act 1968 for counts 1-3. The conviction on count 4 was quashed as the particulars did not amount to an offence in law and could not be substituted. The confiscation order was recalculated to reflect the substituted convictions and the quashing of count 4.

Parties
Appellant: Anthony Alan White; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
15 April 2014
Procedural Posture
Criminal Appeal / Appeal Against Conviction After Guilty Plea; Application for Extension of Time
Outcome
appeal allowed in part; convictions on counts 1-3 substituted; conviction on count 4 quashed; confiscation order recalculated
Legal Topics
Defective Indictment, Substitution of Convictions, Mortgage Fraud, Confiscation Order, Criminal Appeal Act 1968, Theft Act 1968, Fraud Act 2006
Criminal Law Defective Indictment Substitution of Convictions Mortgage Fraud Confiscation Order Criminal Appeal Act 1968 Theft Act 1968 Fraud Act 2006

Case Brief

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Parties

Anthony Alan White

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction After Guilty Plea; Application for Extension of Time

Legal Issues

  1. 1 Whether the indictment was a nullity due to defective charges
  2. 2 Whether convictions could be substituted under s. 3A Criminal Appeal Act 1968
  3. 3 Whether the appellant suffered injustice warranting quashing of convictions after guilty plea

Ratio Decidendi

The original counts were defective in law and did not disclose offences known to law. However, the facts admitted by the appellant's guilty pleas were sufficient to substitute convictions for obtaining a money transfer by deception under s. 15A Theft Act 1968 for counts 1-3. The conviction on count 4 was quashed as the particulars did not amount to an offence in law and could not be substituted. The confiscation order was recalculated to reflect the substituted convictions and the quashing of count 4.

Court Disposition

appeal allowed in part; convictions on counts 1-3 substituted; conviction on count 4 quashed; confiscation order recalculated

Orders

  • Extension of time for leave to appeal granted
  • Conviction on count 4 quashed